2007 ORS 391.810¹
Distribution of funds to districts, Indian tribes and counties
  • rules

(1) The Department of Transportation shall distribute three-quarters of the moneys in the Elderly and Disabled Special Transportation Fund, including the interest attributable thereto, to mass transit districts organized under ORS 267.010 (Definitions for ORS 267.010 to 267.390) to 267.390 (Acceptance of funds from United States), transportation districts organized under ORS 267.510 (Definitions for ORS 267.510 to 267.650) to 267.650 (Finance elections), Indian tribes and to those counties in which no part of a mass transit district or transportation district is located as follows:

(a) Each district shall receive that share of the moneys as the population of the counties in which the district is situated, determined under ORS 190.510 (Definitions for ORS 190.510 to 190.610) to 190.610 (Board to establish program at state institution of higher education) last preceding apportionment of the moneys, bears to the total population of the state. However, if two or more districts are situated in a single county, distribution of moneys under this subsection shall be determined as though only the mass transit district is located in that county or, if there are two or more transportation districts in the county, as though only the transportation district with the highest population is located in that county.

(b) Each county in which no part of a mass transit district or transportation district is located shall receive that share of the moneys as its population, determined under ORS 190.510 (Definitions for ORS 190.510 to 190.610) to 190.610 (Board to establish program at state institution of higher education) last preceding apportionment of the moneys, bears to the total population of the state.

(c) Each Indian tribe shall receive that share of the moneys as the population of the tribe residing in Oregon, determined by the Oregon Transportation Commission pursuant to rules adopted under subsection (4) of this section, bears to the total population of the state.

(2) After the requirements of subsection (1) of this section have been met, the department shall distribute the remainder of the moneys in the Elderly and Disabled Special Transportation Fund to the districts, Indian tribes and counties described in subsection (1) of this section as follows:

(a) Each district, Indian tribe or county that receives a share of the moneys in proportion to population under subsection (1) of this section shall receive an amount, determined by the commission by rule and not to exceed $2,000 annually, to be used to defray the administrative expenses of the district, Indian tribe or county in carrying out its functions under ORS 391.800 (Elderly and Disabled Special Transportation Fund) to 391.830 (Use of funds to finance and improve transportation for elderly individuals and individuals with disabilities).

(b) Each district, Indian tribe or county that receives a share of the moneys in proportion to population under subsection (1) of this section shall receive for each fiscal year a minimum amount, determined by the commission by rule, to be distributed to providers of transportation for use as specified under ORS 391.830 (Use of funds to finance and improve transportation for elderly individuals and individuals with disabilities) (4).

(c) Each district, Indian tribe or county shall receive any money distributed to it from the discretionary grant account established under ORS 391.815 (Discretionary grant account).

(d) After the requirements of paragraphs (a) to (c) of this subsection have been satisfied, the department shall set aside and transfer the remainder of the moneys in the Elderly and Disabled Special Transportation Fund to a discretionary grant account established under ORS 391.815 (Discretionary grant account).

(3) The department may not distribute moneys to a mass transit district, transportation district, Indian tribe or county under this section unless the district, Indian tribe or county has appointed an advisory committee under ORS 391.820 (Advisory committees).

(4) The department shall adopt rules necessary for the administration and implementation of ORS 391.800 (Elderly and Disabled Special Transportation Fund) to 391.830 (Use of funds to finance and improve transportation for elderly individuals and individuals with disabilities). The rules may include but are not limited to:

(a) Restrictions and requirements on the distribution and use of moneys received under this section;

(b) Development of a form contract for use by districts, Indian tribes and counties when distributing moneys received under this section; and

(c) Restrictions and requirements on a district, Indian tribe or county for failure to comply with the provisions of this section or ORS 391.815 (Discretionary grant account) or 391.830 (Use of funds to finance and improve transportation for elderly individuals and individuals with disabilities).

(5) Each district, Indian tribe or county described in subsection (1) of this section is specifically authorized to enter into an agreement with another district, Indian tribe or county under ORS 190.003 (Definitions for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125) to facilitate the performance of the functions authorized under ORS 391.830 (Use of funds to finance and improve transportation for elderly individuals and individuals with disabilities). [1985 c.816 §10; 1989 c.224 §67; 1989 c.866 §8; 2003 c.613 §1a; 2003 c.751 §4]

1 Legislative Counsel Committee, CHAPTER 391—Mass Transportation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­391.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.